[2020] KEHC 3316 (KLR)
The court granted leave for the application to be heard during the recess upon finding that the matter disclosed urgency. However, the court declined to consider the substantive prayer for restriction on land titles because the application failed to specify all the titles to be restricted, rendering the prayer...
Source-derived case information.
- Citation
- [2020] KEHC 3316 (KLR)
- Parties
- Petitioner: Wycliffe Kiroge Onyamas; Objector: Wepukhulu Nakitare
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 153 of 1998
- Procedural Posture
- Probate and Administration / Interlocutory Application During Recess
- Outcome
- leave granted for hearing during recess; application certified as urgent; substantive prayers deferred
- Judges
- RE Aburili
- Legal Topics
- Grant Revocation, Estate Administration, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Kiroge Onyamas
Petitioner
Wepukhulu Nakitare
Objector
Procedural Posture
Probate and Administration / Interlocutory Application During Recess
Legal Issues
- 1 Whether leave should be granted for the application to be heard during court recess.
- 2 Whether the Notice of Motion seeking revocation of grant and restriction on land titles is properly framed for consideration.
Ratio Decidendi
The court granted leave for the application to be heard during the recess upon finding that the matter disclosed urgency. However, the court declined to consider the substantive prayer for restriction on land titles because the application failed to specify all the titles to be restricted, rendering the prayer insufficiently particularized for determination. The court certified the application as urgent and directed service on the respondent for inter partes hearing before the Presiding Judge at Bungoma. The file was ordered to be returned to Bungoma High Court for final determination.
Court Disposition
leave granted for hearing during recess; application certified as urgent; substantive prayers deferred
Orders
- Leave granted to the applicant to be heard during the recess.
- Application certified as urgent.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
BUNGOMA PROBATE AND ADMINISTRATION CAUSE NO. 153 OF 1998
IN MATTER OF THE ESTATE OF OKISAI KIROGE – DECEASED
AND
WYCLIFFE KIROGE ONYAMASI ......................................................PETITIONER
VERSUS
WEPUKHULU NAKITARE ..........................................OBJECTOR/APPLICANT
RULING
1. I have considered the application for leave to be heard during the recess. I grant leave to the applicant to be heard during the recess.
2. On the main Notice of Motion dated 13. 8.2020, I observe that the orders sought include revocation of a grant and placement of restriction on Land Parcel No. South Malakisi/Mwalie/4and subsequent titles, which titles are not named.
3. For that reason, I am unable to consider the merits of the prayer sought as it does not name all the titles sought to be restricted. I however find the application discloses urgency.
4. I certify it as urgent and direct the applicant to serve the Respondent for interpartes consideration before the Presiding Judge at Bungoma on 17. 9.2020.
5. This file to be returned to Bungoma High Court for final determination.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya this 3rd Day of September, 2020
R.E. ABURILI
JUDGE
Recess Duty Judge